Austria makes same-sex marriage legal

Clarence Walton |Thursday, December 07, 2017

Rainbow Parade in Vienna in June. Credit Alex Halada

This means that same-sex couples will have to wait until 2019 before they're able to get married.

Deutsche Wellereported that in Tuesday's decision the court said that although gay couples already have essentially the same rights as married couples, having been allowed to enter into registered partnerships since 2010, "the distinction between marriage and registered partnership. can not be upheld in this day and age without discriminating against same-sex couples".

The distinction between a civil partnership and marriage can no longer be upheld without discriminating against same-sex couples, the court said.

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However, the Austrian Constintutional Court have examined and repealed that definition, saying that it was discriminatory against LGBTQ people.

The court has determined that December 31st 2018 is the deadline for the government to change the legislation, although the government could choose to enact the change sooner.

Helmut Graupner, a lawyer for the two women who brought the case, wrote in a Facebook post that "today is a truly historic day". Australia also voted in November to legalize same-sex marriage in a non-binding vote, which will likely become law. Austrian homosexuals have been able to enter binding unions since 2010 and were able to adopt children and access fertility treatments like heterosexual couples.

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"Thus, after the annulment, marriage and registered partnership are open to both same- and opposite-sex couples".

Same-sex marriage is legal in 25 countries.

"Austria'sconstitutional court has sent a powerful message that when it comes to the legal status of relationships, separate is not equal", Dittrich said.

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While LGBTQI couples will have to wait for that rule expiration date to pass, the court also ruled that the individual couple that challenged the issue in court - along with four other couples who filed complaints - would be allowed to marry immediately.

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